Employer Change After I140 Approval - Clarify 180 day rule

USA H1B
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1

Hi ,

I have a question regarding staying with same employer for 180 days after I140 Approval so that to be safe from I140 revocation/withdrawal.

I worked for employer XYZ until my H1B maxout in Nov 2019. I moved to India location with same employer XYZ and worked from India location. Employer did PERM and I140 processing during my stay in India.

My I140 got approved in Nov 2020 and I travelled back to US with same employer XYZ last month. It’s been almost 20 months my I140 is approved but I have only worked for 1 month post I140 approval in USA for employer XYZ.

Can I plan to change employer now ? Or need to work for 180 days with employer XYZ in USA post I140 approval ?

Pls advise.

2

The rule talks about waiting for 180 days after i140 approval and not necessarily working for that employer.

If employer did not withdraw the i140 in those 180 days, then you are pretty much safe.

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